Communication of an Idea that Makes the Claimed Invention Obvious, Is Not Enough to Show Derivation
In Cumberland Pharmaceuticals, Inc.v. Mylan Institutioal LLC, [2016-1155, 2016-1259] (January 26, 2017) the Federal Circuit affirmed the district court holding that U.S. Patent No. 8,399,445, which describes and claims acetylcysteine compositions substantially free of chelating agents, was not derived from the FDA. Mylan argued … Continue reading Communication of an Idea that Makes the Claimed Invention Obvious, Is Not Enough to Show Derivation
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